SMITH v. FIRST NATIONAL BANK, MESQUITE

No. 15527.

326 S.W.2d 301 (1959)

Cecil Edwin SMITH, Appellant, v. FIRST NATIONAL BANK, MESQUITE, Texas, Appellee.

Court of Civil Appeals of Texas, Dallas.

July 3, 1959.


Attorney(s) appearing for the Case

James J. Collins, Jr., Dallas, for appellant.

Loncy L. Leake, Mesquite, for appellee.


DIXON, Chief Justice.

This is an appeal from a deficiency judgment following repossession and sale of a mortgaged automobile.

On February 9, 1954, Cecil Edwin Smith, appellant, executed a note in the amount of $606 payable to appellee First National Bank, Mesquite, Texas, and secured by a chattel mortgage on one 1949 model Buick automobile.

Appellant soon thereafter defaulted in payment, the Bank repossessed the car, and sold it for $106, which amount...

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